SUPPORT HB2581 HD2 SD2 & SB2151 SD2 HD1: Stop Abuse of Emergency Powers
/May 11 Update
HB2581 HD2 SD2, preventing the potential abuse of executive emergency powers, failed to be passed out of conference committee and is dead for this session.
SB2151 SD2 HD1, preventing the potential abuse of executive emergency powers, failed to be scheduled for conference committee and is dead for this session.
Mahalo nui to everyone who submitted testimony on both emergency powers bills, and stay tuned for future efforts to rein in the threat of executive overreach next year!
HB2581, preventing the potential abuse of executive emergency powers, has a real chance of passing out of the legislature this year - please take a moment to call key legislators by 1:45 p.m. today, to help get it past the finish line!
This bill would prevent current and future Governors and mayors from declaring long-standing, complex issues like “housing” or “illegal activity” as “emergencies” — and then suspending environmental, cultural, civil rights, and good governance protections for indefinite periods of time.
As we’ve seen in recent years, our emergency powers laws need much clearer guardrails from potential overreach. HB2581 would provide this much-needed clarity, and maintain the checks and balances that protect our communities and our democracy from special interest favoritism.
We are so close to getting this bill past the finish line. If you have a moment, please call one, several, or all of the legislators below before 1:45pm today and urge them to pass HB2581 this session.
Call any or all of these legislators NOW:
Sen. Fukunaga, 808-586-6460
Sen. DeCoite, 808-587-7225
Sen. Inouye, 808-586-7335
Sen. DeCorte, 808-586-7793
Rep. Belatti, 808-586-9425
Rep. Tarnas, 808-586-8510
Rep. Morikawa, 808-586-6280
Rep. Shimizu, 808-586-9470
You can say something like:
"Aloha, my name is ___ and I’m calling to ask for your help in passing HB2581, ‘Relating to Emergency Management,’ scheduled for conference committee today.
We need a much better definition of ‘emergency’ before the laws our legislature enacts are suspended, potentially indefinitely. Please, protect the legislature’s role in our democracy by passing the common sense guardrails in this bill. Mahalo!"
April 9 Update
HB2581 HD2 SD1 passed out of the Senate Ways and Means Committee on April 6. This measure would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by executive branch leaders are to actually protect our health and safety. Amendments were made to the newly added "community resilience hub" section of the bill.
Mahalo nui to the 43 individuals and organizations who submitted testimony in support and special thanks to Chair Dela Cruz and Vice Chair Moriwaki for passing this measure.
SB2151 SD2 HD1 passed out of the House Judiciary & Hawaiian Affairs Committee on April 8. This measure would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by our Governor and mayors are to actually protect our health and safety, rather than to evade our democratic lawmaking process.
Mahalo nui to the 32 individuals and organizations who submitted testimony in support and special thanks to Chair Tarnas and Vice Chair Poepoe for passing this measure.
April 6 Update
SB2151 SD2 HD1 (similar to HB2581 HD2 SD1 which was passed earlier today) would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by our Governor and mayors are to actually protect our health and safety, rather than to evade our democratic lawmaking process. This bill will prevent current and future Governors and mayors from arbitrarily calling long-standing and complex societal challenges, such as unaffordable housing or “illegal” activity, as “emergencies” in order to suspend our environmental, cultural protection, good governance, procurement, and labor laws indefinitely - as Governor Green attempted to do with his emergency proclamation on (un)affordable housing.
The House Judiciary & Hawaiian Affairs Committee will hear this bill on Wednesday, April 8 at 2pm in room 325 (watch live here).
Sample Testimony for SB2151 SD2 HD1
Aloha Chair Tarnas, Vice Chair Poepoe, and Committee Members,
My name is ___ and I STRONGLY SUPPORT SB2151 SD2 HD1.
As we have seen in Hawaiʻi and across the continent, the survival of our democracy may hinge upon a meaningful separation of powers, one that includes keeping legislative and judicial “checks and balances” against executive overreach. Unfortunately, executive branch leaders may not always have the same level of respect for this foundational limitation on their authority, and may be tempted to use their emergency statutory authorities to create, amend, or suspend policies that should be developed through the democratic legislative process.
Recent circumstances have highlighted the vulnerability of Hawaiʻi’s own emergency powers statutes to potential misuse by local executive leadership. This includes an emergency proclamation on housing that initially suspended numerous environmental, cultural, good governance, public transparency, procurement, and labor laws, to purportedly support housing construction without any affordability or meaningful residency requirements. While the Hawaiʻi Supreme Court recognized that this did push the limits of the Governor’s emergency authorities, the potential still exists for a future executive to attempt to use long-standing and complex societal challenges – such as unaffordable housing or “illegal activity” -- to declare an “emergency” and thereby indefinitely bypass the checks and balances that protect vital public interests, including in our environment, cultural integrity, and democracy itself.
This measure accordingly provides common sense definitions of “disaster” and “emergency” along with modest guardrails to better protect against the misuse of executive emergency authorities, whether now or in the years and decades to come. Please, do not wait for a constitutional, civil, or environmental crisis before adopting the critical guidance proposed in this measure - by then, it may be too late.
Accordingly, I urge the Committee to PASS SB2151 SD2 HD1. Mahalo nui for the opportunity to testify.
Sincerely,
[Your name]
Testimony Instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “SB2151” where it says "Enter Bill or Measure."
Input your information, select “SUPPORT”, write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).
Don’t forget to spread the word!
April 6 Update
HB2581 HD2 SD1 passed out of the Senate Ways and Means Committee on April 6. This measure would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by executive branch leaders are to actually protect our health and safety.
Mahalo nui to the dozens of individuals and organizations who submitted testimony in support and special thanks to Chair Dela Cruz and Vice Chair Moriwaki for passing this measure.
April 4 Update
HB2581 HD2 SD1 will be heard by the Senate Ways and Means Committee on Monday, April 6 at 10:32am in room 211 (watch live here). This bill will prevent current and future Governors and mayors from arbitrarily calling long-standing and complex societal challenges, such as unaffordable housing or “illegal” activity, as “emergencies” in order to suspend our environmental, cultural protection, good governance, procurement, and labor laws indefinitely - as Governor Green attempted to do with his emergency proclamation on (un)affordable housing.
No verbal testimony will be accepted, so written testimony is critical! Please take a moment to submit testimony and ask your friends to do the same. Sample testimony and instructions below.
Sample Testimony for HB2581 HD2 SD1
Aloha Chair Dela Cruz, Vice Chair Moriwaki, and Committee Members,
My name is ___ and I STRONGLY SUPPORT HB2581 HD2 SD1.
As we have seen in Hawaiʻi and across the continent, the survival of our democracy may hinge upon a meaningful separation of powers, one that includes keeping legislative and judicial “checks and balances” against executive overreach. Unfortunately, executive branch leaders may not always have the same level of respect for this foundational limitation on their authority, and may be tempted to use their emergency statutory authorities to create, amend, or suspend policies that should be developed through the democratic legislative process.
Recent circumstances have highlighted the vulnerability of Hawaiʻi’s own emergency powers statutes to potential misuse by local executive leadership. This includes an emergency proclamation on housing that initially suspended numerous environmental, cultural, good governance, public transparency, procurement, and labor laws, to purportedly support housing construction without any affordability or meaningful residency requirements. While the Hawaiʻi Supreme Court recognized that this did push the limits of the Governor’s emergency authorities, the potential still exists for a future executive to attempt to use long-standing and complex societal challenges – such as unaffordable housing or “illegal activity” -- to declare an “emergency” and thereby indefinitely bypass the checks and balances that protect vital public interests, including in our environment, cultural integrity, and democracy itself.
This measure accordingly provides common sense definitions of “disaster” and “emergency” along with modest guardrails to better protect against the misuse of executive emergency authorities, whether now or in the years and decades to come. Please, do not wait for a constitutional, civil, or environmental crisis before adopting the critical guidance proposed in this measure - by then, it may be too late.
Accordingly, I urge the Committee to PASS HB2581 HD2 SD1. Mahalo nui for the opportunity to testify.
Sincerely,
[Your name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “HB2581” where it says "Enter Bill or Measure."
Input your information, select “SUPPORT”, write or copy/paste your testimony.
Don’t forget to spread the word!
March 26 Update
HB2581 HD2 passed out of the Senate Public Safety and Military Affairs Committee on March 25. This measure would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by executive branch leaders are to actually protect our health and safety.
Mahalo nui to the 36 individuals and organizations who submitted testimony in support and special thanks to Chair Fukunaga and Vice Chair Lee for passing this measure.
March 19 Update
HB2581 HD2 would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by executive branch leaders are to actually protect our health and safety. The Senate Public Safety and Military Affairs Committee will hear this bill on Friday at 3:15 p.m. in conference room 016 (watch live here).
Please take a moment to submit testimony and ask your friends to do the same! And if you are able, consider testifying verbally on HB2581 HD2. Sample testimony and instructions below.
February 28 Update
HB2581 HD2 was passed unamended by the House Finance Committee on February 27. This measure would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by executive branch leaders are to actually protect our health and safety.
Mahalo nui to the over 26 individuals and organizations who submitted testimony in support and special thanks to Chair Todd and Vice Chair Takenouchi for passing this measure.
February 25 Update
This Friday, February 27 at 10am in room 308, the House Finance Committee will hear HB2581 HD2, a bill that would establish much-needed guardrails on the definition of an “emergency,” and ensure that the use of sweeping emergency powers by executive branch leaders are to actually protect our health and safety. This bill will prevent current and future Governors and mayors from arbitrarily calling long-standing and complex societal challenges, such as unaffordable housing or “illegal” activity, as “emergencies” in order to suspend our environmental, cultural protection, good governance, procurement, and labor laws indefinitely - as Governor Green attempted to do with his emergency proclamation on (un)affordable housing.
Sample testimony for HB2581 HD2 SD1
Aloha Chair Dela Cruz, Vice Chair Moriwaki, and Committee Members,
My name is ___ and I STRONGLY SUPPORT HB2581 HD2 SD1.
As we have seen in Hawaiʻi and across the continent, the survival of our democracy may hinge upon a meaningful separation of powers, one that includes keeping legislative and judicial “checks and balances” against executive overreach. Unfortunately, executive branch leaders may not always have the same level of respect for this foundational limitation on their authority, and may be tempted to use their emergency statutory authorities to create, amend, or suspend policies that should be developed through the democratic legislative process.
Recent circumstances have highlighted the vulnerability of Hawaiʻi’s own emergency powers statutes to potential misuse by local executive leadership. This includes an emergency proclamation on housing that initially suspended numerous environmental, cultural, good governance, public transparency, procurement, and labor laws, to purportedly support housing construction without any affordability or meaningful residency requirements. While the Hawaiʻi Supreme Court recognized that this did push the limits of the Governor’s emergency authorities, the potential still exists for a future executive to attempt to use long-standing and complex societal challenges – such as unaffordable housing or “illegal activity” -- to declare an “emergency” and thereby indefinitely bypass the checks and balances that protect vital public interests, including in our environment, cultural integrity, and democracy itself.
This measure accordingly provides common sense definitions of “disaster” and “emergency” along with modest guardrails to better protect against the misuse of executive emergency authorities, whether now or in the years and decades to come. Please, do not wait for a constitutional, civil, or environmental crisis before adopting the critical guidance proposed in this measure - by then, it may be too late.
Accordingly, I urge the Committee to PASS HB2581 HD2 SD1. Mahalo nui for the opportunity to testify.
Sincerely,
[Your name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter "HB2581" where it says "Enter Bill or Measure."
Input your information, select “SUPPORT”, write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).
And please don’t forget to spread the word!
February 19 Update
HB2581 HD1, which would more clearly define what constitutes a “disaster” for which the Governor’s and mayors’ sweeping emergency powers can be used to address, was passed out of the House Judiciary & Hawaiian Affairs Committee on February 18.
Mahalo nui to the over 50 individuals and organizations who submitted testimony in support and special thanks to Chair Tarnas and Vice Chair Poepoe for passing this measure.
Bill Background & Info
On Wednesday, February 18 at 2pm in room 325, the House Judiciary & Hawaiian Affairs Committee will hear HB2581 HD1 which would stop the abuse of emergency powers by the governor and mayors.
Please take a moment to support this measure! Sample testimony and instructions below.
What this bill does
HB2581 HD1 would more clearly define what constitutes a “disaster” for which the Governor’s and mayors’ sweeping emergency powers can be used to address.
Why this is important
HB2581 HD1 would ensure that executive branch leaders do not arbitrarily call long-standing and complex societal challenges, such as unaffordable housing or illegal activity, as “emergencies” in order to suspend our environmental, cultural protection, good governance, procurement, and labor laws indefinitely - as the Governor attempted to do with his emergency proclamation on (un)affordable housing.
Sample Testimony for HB2581 HD1
Aloha Chair Tarnas, Vice Chair Poepoe, and Committee Members,
My name is [your name] and I STRONGLY SUPPORT HB2581 HD1.
As we have seen in Hawaiʻi and across the continent, the survival of our democracy may hinge upon a meaningful separation of powers, one that includes keeping legislative and judicial “checks and balances” against executive overreach. Unfortunately, executive leaders may not always have the same level of respect for this foundational limitation on their authority, and may be tempted to use emergency statutory authorities to create, amend, or suspend policies that should be developed through the democratic legislative process.
Recent circumstances have highlighted the vulnerability of Hawaiʻi’s own emergency powers statutes to potential misuse by local executive leadership. This includes an emergency proclamation on housing that initially suspended numerous environmental, cultural, good governance, public transparency, procurement, and labor laws, to purportedly support housing construction without any affordability or meaningful residency requirements. While the Hawaiʻi Supreme Court recognized that this did push the limits of the Governor’s emergency authorities, the potential still exists for a future executive to attempt to use long-standing and complex societal challenges – such as unaffordable housing or “illegal activity” -- to declare an emergency and thereby indefinitely bypass the checks and balances that protect vital public interests, including in our environment, cultural integrity, and democracy itself.
This measure accordingly provides common sense definitions of “disaster” and “emergency” along with modest guardrails to better protect against the misuse of executive emergency authorities, whether now or in the years and decades to come. Please, do not wait for a constitutional, civil, or environmental crisis before adopting the critical guidance proposed in this measure - by then, it may be too late.
Accordingly, I urge the Committee to PASS HB2581 HD1. Mahalo nui for the opportunity to testify.
Sincerely,
[Your name]
Testimony instructions
Register for a capitol website account if you haven’t yet (youʻll need to confirm your registration by responding to an automated email).
Sign in to capitol.hawaii.gov with your registration information and click the "Submit Testimony" button.
Enter “HB2581” where it says "Enter Bill or Measure."
Input your information, select “SUPPORT”, write or copy/paste your testimony, and select your testimony option(s)—in-person + written, remotely + written, written only. Please consider providing verbal testimony (in-person or remotely) if you are able!
Note: Virtual testimony option may be disabled 24 hours before the hearing.
If you are testifying via Zoom, be sure to review these instructions (page 4).
Don’t forget to spread the word!